Quote:
Originally Posted by circusmind  My legal dictionary and stat interpretation textbook (Pearce and Geddes) give me no love on the meaning of 'prescribed'. However, I'm confident that it refers only to delegated legislation. Certainly, the judiciary doesn't 'prescribe' new provisions into legislation--they only interpret such legislation as is already on foot.
If Parliament had intended to leave wiggle room for the courts to devise new exceptions, they would not have chosen the format they did here. A normal way of giving the courts power to come up with exceptions to the rule would be like this:
(1) No animals shall be allowed in the city, except for small domestic animals.
(a) without limiting the generality of Section 1, the meaning of 'small domestic animal'
includes, but is not limited to:
(i) cat
(ii) dog
(iii) etc etc etc
So yes, until such time as Parliament makes regulations under the Act, there is no substance to paragraph (d) in your example. |
Its been a long time since admin law..... but on its face, its a non-exhaustive list.... similar to many common law examples